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Federal Power Commission - Arizona Power Authority, Project No. 2248 - Order Granting Limited Intervention Out of Time

Federal Power Commission - Arizona Power Authority, Project No. 2248 - Order Granting Limited Intervention Out of Time

Fn Tecutay Udall
UNITED STATES OF AMERICA
FEDERAL POWER COMMISSION
Before Commissioners: Joseph C. Swidler, Chairman; Howard Morgan, L. J. O'Connor, Jr., Charles R. Ross, and Harold C. Woodward.
Arizona Power Authority ) Project No. 2248
ORDER GRANTING LIMITED INTERVENTION OUT OF TIME
(Issued November 2, 1962)
On October 1, 1962 the Secretary of the Interior submitted a motion and petition to intervene out of time and motion to reopen the record for the presentation of evidence in the above-entitled proceeding.
An Assistant Secretary of the Interior reported in this matter by letter dated November 1, 1961 in reply to a letter of May 19, 1961 inviting a report by the Department of the Interior. On December 1, 1961 the Secretary of the Interior advised the Presiding Examiner that the aforesaid report of November 1 stated the position of his Department and that testimony would not be proffered by the Department of the Interior.
The hearing concluded on December 7, 1961 and the Presiding Examiner issued his decision on September 10, 1962. A reopening of the record for a further hearing at this stage of the proceeding would require a strong showing. The Secretary in his petition of October 1, 1962, does not set forth any material change of fact since the conclusion of the hearing nor does he state the nature of any evidence which he might introduce even if the hearing were reopened.
However it would not be inconsistent with the public interest to grant limited intervention to the Secretary to insure that his position is properly before the Commission and such intervention is granted.
The Commission finds:
(1) Although the aforesaid motion for leave to intervene out of time and petition to intervene were not filed within the time required by Section 1.8 of the Commission's Rules of Practice and Procedure (18 CFR s 1.8), good cause exists to permit these late filings, subject to limited participation as hereinafter provided.
(2) The participation of the above-named petitioner in this proceeding, as hereinafter provided, may be in the public interest.
DC 23

Fn Tecutay Udall
UNITED STATES OF AMERICA
FEDERAL POWER COMMISSION
Before Commissioners: Joseph C. Swidler, Chairman; Howard Morgan, L. J. O'Connor, Jr., Charles R. Ross, and Harold C. Woodward.
Arizona Power Authority ) Project No. 2248
ORDER GRANTING LIMITED INTERVENTION OUT OF TIME
(Issued November 2, 1962)
On October 1, 1962 the Secretary of the Interior submitted a motion and petition to intervene out of time and motion to reopen the record for the presentation of evidence in the above-entitled proceeding.
An Assistant Secretary of the Interior reported in this matter by letter dated November 1, 1961 in reply to a letter of May 19, 1961 inviting a report by the Department of the Interior. On December 1, 1961 the Secretary of the Interior advised the Presiding Examiner that the aforesaid report of November 1 stated the position of his Department and that testimony would not be proffered by the Department of the Interior.
The hearing concluded on December 7, 1961 and the Presiding Examiner issued his decision on September 10, 1962. A reopening of the record for a further hearing at this stage of the proceeding would require a strong showing. The Secretary in his petition of October 1, 1962, does not set forth any material change of fact since the conclusion of the hearing nor does he state the nature of any evidence which he might introduce even if the hearing were reopened.
However it would not be inconsistent with the public interest to grant limited intervention to the Secretary to insure that his position is properly before the Commission and such intervention is granted.
The Commission finds:
(1) Although the aforesaid motion for leave to intervene out of time and petition to intervene were not filed within the time required by Section 1.8 of the Commission's Rules of Practice and Procedure (18 CFR s 1.8), good cause exists to permit these late filings, subject to limited participation as hereinafter provided.
(2) The participation of the above-named petitioner in this proceeding, as hereinafter provided, may be in the public interest.
DC 23